advice
Neeraj Kaushal
(Querist) 02 March 2011
This query is : Resolved
my client instituted suit for possession and precess server of court reported that defendant has refused to receive summons , consequently defendant was proceeded ex-parte and ex-parte decree was passed in my favour . Thereafter i filed execution application then i came to know that defendant has expired and execution was filed against his legal heirs , the legal heirs contested the execution application and produced the certificate of death that at the time of instituting suit their father was dead . The court has refused to execute the decree being nullity, now what is proper remedy for me to take possession of suit land . if i will file fresh suit against legal heirs of deceased , whether second cause of action is maintainable in second suit because earlier i have filed suit against their father , suit is also barred by resjudicata also , how can i cover my limitation in second suit .
Dayananda Gowda
(Expert) 04 March 2011
The second suit is not covered under order 2 Rule 2 since the Lr's are not the parties in the earlier suit. you can file fresh suit
